Case No: 13-XXXXXXCF10A
Facts: The defendant was the passenger in a vehicle that was stopped by a Broward Sheriff’s Deputy. The vehicle was stopped because the driver did not have a seat belt on and the vehicle did not have an operable tag light. It is alleged that while the deputy was detaining the driver in the police cruiser, the defendant, still in the vehicle, was observed moving around in the vehicle (leaning forward). The deputy then detained the defendant upon walking back to the vehicle. Due to the detention of the defendant the deputy conducted a search of the vehicle ultimately seizing 3 bags of cannabis.
Outcome: Mr. Sobel was retained early in the criminal process in this case. He was able to present facts and argument to the Assistant State Attorney who was going to make the decision if a formal information was going to be filed. Mr. Sobel argued that since the vehicle was jointly occupied prior to the stop that the state would need to move forward on a constructive possession theory. Mr. Sobel was able to apply the law in this area and show that there was no reasonable likelihood of conviction since they would never be able to link the defendant to the drugs.
The Office of the State Attorney declined to file a formal charging document in this case and the case was dismissed.